State v. Cleere

OPINION

PELANDER, Chief Judge.

¶ 1 Indicted for armed robbery and attempted murder, petitioner Frederic Cleere pled guilty in March 2001 to attempted murder, a class two felony and dangerous-nature offense. Following a mitigation hearing, the trial court sentenced him to a partially aggravated, fifteen-year prison term.1 He successfully sought post-conviction relief pursuant to Rule 32, Ariz. R.Crim. P., 17 A.R.S., on the ground that the trial court erroneously had relied on his use of a dangerous instrument, a box cutter, both to establish the dangerous nature of the offense in order to…